Difference between revisions of "Family Educational Rights and Privacy Act"
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Revision as of 13:53, 4 May 2021
| Family Educational Rights and Privacy Act | |
|---|---|
| Short Title | FERPA |
| Official Text | Family Educational Rights and Privacy Act |
| Country/Jurisdiction | United States |
| State or Province | |
| Regulatory Bodies | Dept Ed |
| Date Enacted | 1974/08/21 |
| Scope of the Law | Students, Parents, Educators |
| Information | |
| Taxonomy | Breach of Confidentiality, Decisional Interference, Disclosure, Exclusion, Identification, Identifying, Increased Accessibility, Insecurity, Secondary Use |
| Strategies | |
The FERPA is an act that ensures the United States standards of the student and family educational and privacy rights. It protects parents from misleading or inappropriate data of any student's educational records. Besides, the collected students' records shall not be released by educational institutions that may impact students' security.
- Privacy Silo: Information Privacy
- Business Sector: Education
- Targeted Info: Education Records
- Protects: Students, Parents
Text of the law
§1232g. Family educational and privacy rights
(c) Surveys or data-gathering activities; regulations
Not later than 240 days after October 20, 1994, the Secretary shall adopt appropriate regulations or procedures, or identify existing regulations or procedures, which protect the rights of privacy of students and their families in connection with any surveys or data-gathering activities conducted, assisted, or authorized by the Secretary or an administrative head of an education agency. Regulations established under this subsection shall include provisions controlling the use, dissemination, and protection of such data. No survey or data-gathering activities shall be conducted by the Secretary, or an administrative head of an education agency under an applicable program, unless such activities are authorized by law.
(d) Students’ rather than parents’ permission or consent
For the purposes of this section, whenever a student has attained eighteen years of age, or is attending an institution of postsecondary education, the permission or consent required of and the rights accorded to the parents of the student shall thereafter only be required of and accorded to the student.
(e) Informing parents or students of rights under this section
No funds shall be made available under any applicable program to any educational agency or institution unless such agency or institution effectively informs the parents of students, or the students, if they are eighteen years of age or older, or are attending an institution of postsecondary education, of the rights accorded them by this section.
(f) Enforcement; termination of assistance
The Secretary shall take appropriate actions to enforce this section and to deal with violations of this section, in accordance with this chapter, except that action to terminate assistance may be taken only if the Secretary finds there has been a failure to comply with this section, and he has determined that compliance cannot be secured by voluntary means.
(g) Office and review board; creation; functions
The Secretary shall establish or designate an office and review board within the Department for the purpose of investigating, processing, reviewing, and adjudicating violations of this section and complaints which may be filed concerning alleged violations of this section. Except for the conduct of hearings, none of the functions of the Secretary under this section shall be carried out in any of the regional offices of such Department.
Nothing in this section shall prohibit an educational agency or institution from—
(1) including appropriate information in the education record of any student concerning disciplinary action taken against such student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community; or
(i) Drug and alcohol violation disclosures
(1) In general
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